If you have successfully appealed the wrongful denial or delay of a firearm purchase denial from the National Instant Criminal Background Check System (NICS), you have won half the battle. To help ensure that you do not have to go through a lengthy appeal again, it is imperative that you obtain a NICS Voluntary Appeal File (VAF).

The NICS Cannot Keep Records of Overturned Appeals

Most people are unaware that after an individual successfully appeals a delayed or denied firearm purchase/transfer decision, the NICS cannot keep a record of the overturned appeal. This leads to continued denials or delays on firearm purchases/transfers. Without a VAF, you will likely be required to appeal every future erroneous firearm denial decision and provide the necessary documentation on every subsequent appeal.

Federal regulations prohibit NICS from keeping any identifying information regarding your firearm transaction once NICS notifies the firearm seller of your eligibility to purchase/receive a firearm. Nearly all firearm owners are glad the federal government cannot keep a record of their firearm purchases and transfers. However, these regulations have unintended consequences for those who experience trouble purchasing/transferring firearms. These regulations do not allow NICS to maintain records of successful appeals of erroneous firearm denial or delays.

Preventing Delays and Denials with the Voluntary Appeal File

To prevent repeated delays and denials, the Voluntary Appeal File (VAF) was established. The VAF allows a person to request that NICS maintain information about themselves in the VAF in order to prevent repeated future erroneous denials or extended delays of firearm purchase/transfers.

Providing the NICS with Personal Information

The application includes supplying NICS with personal information such as your name, date of birth, and social security number. Also, documents that clarify your eligibility to purchase or possess a firearm such as fingerprint cards, court records, pardons, etc. You will also have to give written consent to NICS to maintain the information about yourself in the VAF.

Entering into the VAF

After NICS reviews the application, fingerprint card, and other materials submitted, NICS will enter successful applicants into the VAF. You will then be provided a Unique Personal Identification Number (UPIN). Then at your next firearm purchase, present this number for NICS to reference during your background check in order to prevent an erroneous firearm delay or denial.

How Long Does it Take?

The process can take anywhere from 2 to 12 months, depending on whether you have already successfully appealed a wrongful firearm delay or denial through NICS. Much of the delay is due to the extremely high volume of appeal and VAF requests that NICS is currently processing. However, having an experienced attorney to quickly identify and resolve your problem can make the process go faster and avoid unnecessary delays. NICS operates on a first-come, first-served basis, so the sooner you start the sooner your VAF application will be processed.

What is Included in the Cost?

Our flat-fee includes all costs. We will research your criminal history, request necessary documents, submit the application, respond to written and oral correspondences from the NICS Appeal Services Team, and provide legal memorandum and analysis to NICS in order to successfully obtain you a VAF as quickly as possible.

You will not have to do any work, speak to the FBI, or appear at any hearing. You can let us handle all the work, while you track the progress of your VAF application online.

What the service includes:

Quickly identify the reason for your denial or delay and accurately fill out your VAF application

Recommend record clearing options to restore your firearm rights if you are denied a VAF (we will also offer you a preferred client discount if you are eligible for a service we provide)

$500 credit towards any legal action you hire Higbee & Associates to take on your behalf against the State or political subdivision responsible for providing erroneous information, or responsible for denying your firearm transfer, or against the United States.

Benefits of Hiring Higbee & Associates

We are experienced attorneys familiar with state and federal firearm laws which enable us to better identify and quickly resolve problems

Our knowledge and experience will increase your chances of successfully obtaining a VAF

A licensed attorney will handle the entire application process for you, which can be a slow and frustrating process for those unfamiliar with the procedures

Firearm laws can be complicated and are constantly changing. You’ll have a licensed attorney on your side to explain your rights under the law and your options

Make sure your application is done right the first time so your VAF application does not get rejected or cost you months of delay

Who should get a Voluntary Appeal File (VAF) Unique Personal Identification Number (UPIN)? Can anyone get one?

Typically, only someone who has previously appealed and won after an erroneous firearm transfer delay or denial would need a VAF/UPIN. However, if you believe you have an unclear criminal record or other possibly prohibitive record that you believe may cause you difficulties when making a firearm purchase, then a VAF/UPIN may also be appropriate for you.

I am being delayed or have been delayed the purchase of a firearm. Can I get a VAF/UPIN?

Yes. Getting a VAF/UPIN may prevent unnecessary delays in the future.

What are my chances of success?

We cannot say without researching your background and criminal history or lack thereof. We can do a preliminary evaluation for a small fee. If you wish to go forward, we will apply the fee to the total cost.

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